Sullivan v. Simons, 9618.

Decision Date02 October 1964
Docket NumberNo. 9618.,9618.
Citation337 F.2d 239
PartiesMartin L. SULLIVAN, Petitioner, v. Charles E. SIMONS, Jr., United States District Judge, Eastern District of South Carolina, Respondent.
CourtU.S. Court of Appeals — Fourth Circuit

Charles H. Gibbs, Charleston, S. C., for petitioner.

Before SOBELOFF, Chief Judge, and FAHY and BRYAN, Circuit Judges.

PER CURIAM.

This is a petition for a writ of mandamus to the District Court for the Eastern District of South Carolina, requiring the District Judge to vacate an order he passed remanding this diversity case to the State Court from which it had been removed. We do not consider the merits of the petition for we are forbidden by 28 U.S.C.A. § 1447(d) to review such an order on appeal or otherwise.

The petition must be

Dismissed.

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3 cases
  • Creekmore v. Food Lion, Inc.
    • United States
    • U.S. District Court — Eastern District of Virginia
    • July 23, 1992
    ...the Court in Gravitt v. Southwestern Bell Tel. Co., 430 U.S. 723 97 S.Ct. 1439, 52 L.Ed.2d 1 (1977), and by our court in Sullivan v. Simons, 337 F.2d 239 (4th Cir.1964). Unquestionably, the statute not only forecloses appellate review, but also bars reconsideration of such an order by the d......
  • Three J Farms, Inc. v. Alton Box Bd. Co.
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • November 9, 1979
    ...the Court in Gravitt v. Southwestern Bell Tel. Co., 430 U.S. 723, 97 S.Ct. 1439, 52 L.Ed.2d 1 (1977), and by our court in Sullivan v. Simons, 337 F.2d 239 (4 Cir. 1964). Unquestionably, the statute not only forecloses appellate review, but also bars reconsideration of such an order by the d......
  • McClellan v. Heritage
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • October 8, 1964

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